S T A T E O F N E W Y O R K
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10114
I N A S S E M B L Y
May 6, 2024
___________
Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to authorizing
persons who transport severely disabled persons to apply for disabled
person plates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 404-a of the vehicle and traffic law, as added by
chapter 181 of the laws of 1980, subdivision 1 as amended by chapter 596
of the laws of 1982, subdivision 2 as amended by chapter 191 of the laws
of 1991, subdivision 3 as added and subdivisions 5 and 6 as renumbered
by chapter 601 of the laws of 1987, subdivision 4 and paragraph (b) of
subdivision 5 as amended by chapter 376 of the laws of 2015, subdivision
4-a as added by chapter 686 of the laws of 1994, subdivision 4-b as
added by chapter 277 of the laws of 2012, paragraph (c) of subdivision 5
as amended by chapter 666 of the laws of 1982, and subdivision 7 as
added by chapter 332 of the laws of 2000, is amended to read as follows:
§ 404-a. Registration of motor vehicles [of] FOR severely disabled
persons. 1. Legislative intent. It is the sense of the legislature to
facilitate the usual and special uses of the highways and other motor
vehicle facilities accorded to severely disabled residents of this
state. The commissioner is hereby empowered to issue to [such] ELIGIBLE
persons, upon their application, special motor vehicle registrations,
[one] AND A set of vehicle identification plates for EACH motor [vehi-
cles] VEHICLE owned by [such persons] AN ELIGIBLE PERSON to be used for
the transportation of [such] A severely disabled person [and one set of
vehicle identification plates for each motor vehicle owned by such
persons and used by a severely disabled member of the owner's family].
1-A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "SEVERELY DISABLED PERSON" SHALL MEAN ANY PERSON HAVING ANY ONE OR
MORE OF THE FOLLOWING IMPAIRMENTS, DISABILITIES OR CONDITIONS WHICH ARE
PERMANENT IN NATURE:
(I) HAS LIMITED OR NO USE OF ONE OR BOTH LOWER LIMBS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15204-02-4
A. 10114 2
(II) HAS A NEURO-MUSCULAR DYSFUNCTION WHICH SEVERELY LIMITS MOBILITY;
(III) HAS A PHYSICAL OR MENTAL IMPAIRMENT OR CONDITION WHICH IS OTHER
THAN THOSE SPECIFIED ABOVE, BUT IS OF SUCH NATURE AS TO IMPOSE UNUSUAL
HARDSHIP IN UTILIZATION OF PUBLIC TRANSPORTATION FACILITIES AND SUCH
CONDITION IS CERTIFIED BY A PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE
PRACTITIONER, TO THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH SUBDI-
VISION THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THE EDUCATION
LAW, DULY LICENSED TO PRACTICE IN THIS STATE, OR, PURSUANT TO SUBDIVI-
SION FOUR-A OF THIS SECTION, A PODIATRIST DULY LICENSED TO PRACTICE
PODIATRY IN THIS STATE OR, PURSUANT TO SUBDIVISION FOUR-B OF THIS
SECTION, AN OPTOMETRIST DULY LICENSED TO PRACTICE OPTOMETRY IN THIS
STATE, AS CONSTITUTING AN EQUAL DEGREE OF DISABILITY (SPECIFYING THE
PARTICULAR CONDITION) SO AS TO PREVENT SUCH PERSON FROM GETTING AROUND
WITHOUT GREAT DIFFICULTY IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION;
(IV) A BLIND PERSON; OR
(V) A DEAF PERSON.
(B) "ELIGIBLE PERSON" SHALL MEAN A SEVERELY DISABLED PERSON OR ANY
PARENT, SPOUSE, GUARDIAN, CAREGIVER, OR ANY OTHER FAMILY MEMBER RESPON-
SIBLE FOR THE TRANSPORTATION OF A SEVERELY DISABLED PERSON OR SEVERELY
DISABLED VETERAN BY MOTOR VEHICLE.
2. Registration of vehicles owned by [severely disabled persons]
ELIGIBLE PERSONS. The commissioner shall assign to such motor vehicles,
including any van or pick-up truck used for transporting persons with
disabilities which is not used for commercial purposes, owned by such
ELIGIBLE persons, a distinctive number and issue and deliver in such
manner as the commissioner may select to the owner a certification of
registration, in such form as the commissioner shall prescribe and two
number plates, called disabled person plates. Said disabled person
plates shall conform to the requirements of section four hundred one of
this [chapter] ARTICLE, but shall bear distinctive marks to distinguish
them from number plates to be issued to other persons, qualifying under
this chapter. The commissioner, [in his] AT SUCH COMMISSIONER'S
discretion, may issue, for any registration year, only one plate as a
set for a motor vehicle, in which event a set of disabled person plates
for a motor vehicle shall consist of one plate. Where [a severely disa-
bled] AN ELIGIBLE person owns more than one vehicle and such vehicle or
vehicles is or are used by A severely disabled [members of the owner's
family who reside with the owner] PERSON, the commissioner shall issue
one set of plates for each additional vehicle used by such severely
disabled person, provided that such user qualifies as a severely disa-
bled person in the manner required by this section.
3. Registration of vehicles owned by severely disabled veterans. The
commissioner shall assign to such motor vehicles, including any vans or
pick-up trucks used for transporting handicapped veterans which are not
used for commercial purposes and which are owned by such veterans or a
not-for-profit corporation serving such veterans, a distinctive number
and issue and deliver in such manner as the commissioner may prescribe
to the owner a certification of registration, in such form as the
commissioner shall prescribe and two number plates, called disabled
veteran plates. Said severely disabled veteran plates shall conform to
the requirements of section four hundred one of this [chapter] ARTICLE,
but shall bear distinctive marks to distinguish them from number plates
to be issued to other persons, qualifying under this chapter. The
commissioner [in his], AT SUCH COMMISSIONER'S discretion, may issue, for
any registration year, only one plate as a set for a motor vehicle, in
A. 10114 3
which event a set of severely disabled veteran plates for a motor vehi-
cle shall consist of one plate. Where a severely disabled veteran owns
more than one vehicle and such vehicle or vehicles is or are used by
[severely disabled members of the owner's family who reside with the
owner] OR TO TRANSPORT SUCH VETERAN, the commissioner shall issue one
set of plates for each additional vehicle [used by such severely disa-
bled veteran, provided that such user qualifies as a severely disabled
veteran in the manner required by this section]. For purposes of this
subdivision, the term "severely disabled veteran" shall mean any member
of the armed forces of the United States who served in time of war, as
defined in section eighty-five of the civil service law, and whose disa-
bility qualifies [him] SUCH VETERAN as a severely disabled person within
the meaning of such term as defined in PARAGRAPH (A) OF subdivision
[four] ONE-A of this section.
4. Issue of plates. The commissioner shall issue sets of plates to
such ELIGIBLE person in accordance with subdivision two of this section
with proof of such disability [of such person or such members of his or
her family] BY THE SEVERELY DISABLED PERSON BEING TRANSPORTED certified
by a physician, physician assistant or nurse practitioner, to the extent
authorized by law and consistent with subdivision three of section six
thousand nine hundred two of the education law, or podiatrist pursuant
to subdivision four-a of this section or optometrist pursuant to subdi-
vision four-b of this section, to the satisfaction of the commissioner
who is empowered to carry out the effects of this section by formulating
rules and regulations.
[For the purposes of this section, a "severely disabled person" shall
mean any person having any one or more of the following impairments,
disabilities or conditions which are permanent in nature:
(a) Has limited or no use of one or both lower limbs;
(b) Has a neuro-muscular dysfunction which severely limits mobility;
(c) Has a physical or mental impairment or condition which is other
than those specified above, but is of such nature as to impose unusual
hardship in utilization of public transportation facilities and such
condition is certified by a physician, physician assistant or nurse
practitioner, to the extent authorized by law and consistent with subdi-
vision three of section six thousand nine hundred two of the education
law, duly licensed to practice in this state, or, pursuant to subdivi-
sion four-a of this section, a podiatrist duly licensed to practice
podiatry in this state or, pursuant to subdivision four-b of this
section, an optometrist duly licensed to practice optometry in this
state, as constituting an equal degree of disability (specifying the
particular condition) so as to prevent such person from getting around
without great difficulty in accordance with subdivision two of this
section; or
(d) A blind person.]
4-a. Certification of disability by a podiatrist. A podiatrist duly
licensed to practice podiatry in this state may certify only those
conditions which [he or she] SUCH PODIATRIST treats in the course of the
practice of podiatry, as defined by section seventy hundred one of the
education law.
4-b. Certification of disability by an optometrist. An optometrist
duly licensed to practice optometry in this state may certify only those
conditions which [he or she] SUCH OPTOMETRIST treats in the course of
the practice of optometry, as defined in section seventy-one hundred one
of the education law.
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5. Application for registration. (a) The application for registration
under this section shall be filed with the commissioner of motor vehi-
cles in such form and detail as the commissioner shall prescribe,
setting forth such information as the commissioner may reasonably
prescribe beyond such information required under section four hundred
one of this [chapter] ARTICLE.
(b) The commissioner may require the applicant for registration to
furnish such proof of [his or her disability or such proof of disability
of such members of his or her family] DISABILITY FOR SUCH SEVERELY DISA-
BLED PERSON BEING TRANSPORTED from a physician, physician assistant or
nurse practitioner, to the extent authorized by law and consistent with
subdivision three of section six thousand nine hundred two of the educa-
tion law, or podiatrist pursuant to subdivision four-a of this section
or optometrist pursuant to subdivision four-b of this section, as the
commissioner deems necessary either for initial registration or renewal
thereof; provided, however, that a handicapped or disabled permit issued
by a municipality to such applicant pursuant to section twelve hundred
three-a of this chapter shall be deemed sufficient proof of disability
for purposes of this paragraph.
(c) Application under this section shall only apply to a vehicle
subject to registration pursuant to subdivision six of section four
hundred one of this [chapter] ARTICLE and to a van or pick-up truck as
provided in subdivision two of this section.
6. Fee requirements. As provided in section four hundred one of this
[chapter] ARTICLE, the registration and disabled person plates shall be
accompanied only by the required fee otherwise required to be paid for
vehicle registration.
7. Refueling notice. Upon the issuance or renewal of a registration
pursuant to this section, the commissioner shall notify the registrant
of the availability of full service motor vehicle refueling at self
service prices as provided for in section three hundred ninety-six-bb of
the general business law.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such date.